Praveen Kumar Pulluri v. I The State of Telangana

Administration, Secretariat, Hyderabad The Greater Hyderabad Municipal Corporation (GHMC), represented by its commissioner, Lower Tankbund, Hyderabad - 500029 The Deputy Commissioner, Circle-1 9, GHMC Yousufguda Circle, Sherlingampally Zone, Hyderabad Briqade Enterprises Ltd, Rep. by its MD, O/o. 29th and 30th Floors, World Tra?e Center, Brigade Gateway Campus, 26/1, Dr. Rajkumar Road, Malleswaram, Beguluru, Kamataka Briqade Enterprises Ltd, Rep. by its Vice President, Branch Office O/o. Sy. No. 78lA and79lA, Ashok Marg, Moti Nagar, Yenagadda, Hyderabad-SO0018 M/s. Sahil Enterprises, Rep. by its Managing Partner Smt. Maitreyi Kandoi, O/o. 6th Floor, lndia Exchange Place, Kolkata-700001 2 3 4 5 6 ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd Respondent in not taking any steps on the petitioner's representation, Dt. 05'08-2024 seeking to examine and assess the deviation and not to issue occupancy rights certificate of the ongoing construction site of the Apartment vide Permit No. 11c1910890112020, Dt. 24-o}-2o20 by the Respondent Nos. 4 and 5 in which he purchased the Flat No. 41-1309 by paying an amount of Rs. 12,.14,095/_ Dt. 19_ 11-2020 and 29-11-2020 out of Sare consideration of Rs. 1,14,73,16ot- situated at Moti Nagar, Yerragadda, Hyderabad is as being illegal, arbitrary, and u nconstitutiona I and for other reriefs and vioration of Articre 21 and 300_4 of the constitution of rndia and consequenfly direct the 2nd respondent to take necessary steps on the petitioner's representations dated. 5-8-2024 by monitoring the ongoing illegar construction of the Brigade citader situated at Motinagar, Hyderabad. lA NO: 1 oF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent no.2 to take necessary steps on the petitioner,s representations dated. s-B-2024 seeking to examine and assess the deviation and not to issue occupancy rights certificate of the ongoing construction site of the Apartment vide permit No, 11C19108901t2020, Dt. 24-08-2020 pending disposal of the writ petition Counsel for the Petitioner : SRt pULLA RAO YELLANKt Counsel for the Respondent No.1 : Gp FOR MCPL ADMN URBAN DEV counsel for Respondent No.2&3:SRr RAPARATHT VENKATESH,SC FoR GHMC Counsel for Respondent No.4&5 : SRI V.ANEESH, rep., SRt SK.SHABBER AHMED The Court made the following: ORDER I 7 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.296 85 of 2024 ORDER: . Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.l, Sri Raparthi Venkatesh, learned Standing Counsel appearing for respondent Nos.2 and 3 and Sri V. Aneesh, learned counsel representing Sri Sk. Shabber Ahmed, learned counsel appearing for respondent Nos.4 and 5.

2. Petitioner herein is owner of the subject proper$r ald his flat is in second floor. According to the petitioner, respondent Nos.4 and 5, who are brothers, made construction in deviation to the said building permit order, dated 24 .O8.2O2O. Therefore, the petitioner has submitted a representation, dated 05.O8.2024, requesting respondent Nos.2 and 3 not to issue occupancy certificate to respondent Nos.4 and 5. Despite receiving and acknowledging the said representation, respondent Nos.2 and 3 did not act upon the I ,,-ae- --.*---' --------a-r--r KL,J w.P.No.29685 of 2024 2 same. Aggrieved by the said inaction of respondent Nos.2 and 3, petitioner filed the present writ petition.

3. Perusal of the said representation, dated 05.08.2024 would reveal that the petitioner except saying that respondent Nos.4 and 5 have made constructions in deviation of the actual site construction, did not mention the details of the said deviation. Therefore, he cannot submit vague representation making vague allegations against respondent Nos.4 and 5 to respondent Nos.2 and 3 and file the present writ petition alleging non consideration of the said representation.

4. Accorriing to the learned counsel appr::rring for respondent Nos.4 and 5, petitioner has entered into agreement irr respect of flat in second floor b-y paying only IOVo of advance sale consideration. They have entered into agreement of sale dated 17.O2.2O21 and in fact it is allotment letter. He has not paid balance sale consideration. Therefore, the said allotment letter was cancelled on 25.02.2022 itself . Therefore, he, has no locus to submit representation, dated

05.O8.2024 and file present writ petition 7 KL,J W.l'.No,29685 of 2024

5. As discussed supra, petitioner herein did not specifica-lly mention the alleged deviations in construction made by respondent Nos.4 and 5 in the representation. If he has any grievance against respondent Nos.4 and 5, he has to submit fresh representation to respondent No.3 specifically narrating the alleged deviations in the construction made by respondent Nos.4 and 5 and on submitting such representation, it is for respondent.No.3 to consider it and take action strictly in accordance with law.

6. Accordingly, this writ petition is closed. No costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. I To, SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// TION OFFICER

1. The Principal Secretary for Municipal Administration, Secretariat' State of Telangana, Hyderabad

2. The commissioner, Greater Hyderabad Municipal Corporation (GHMC)' Lower Tankbund, Hyderabad - 500029

3. The Deputy Commissioner, Circle-'19, GHMC Yousufguda Circle, S herli ngampall y Zone, HYd era bad

4. One CC to SRI PULLA RAO YELLANKI, Advocate. [OPUC] 5. Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana. [OUT] I

6. One CC to SRI RAPARATHI VENKATESH' SC FOR GHMC. [OPUC] 7. One CC to SRI SK.SHABBER AHMED, ADVOCATE. [OPUC] 8. Two CD Copies. BSK (t a t I I HE S{4 j€i f. (' 2 / F[rr 2025 ( \ \. z A t .,,r_O "-ti:r:l HIGH COURJT DATED:2410112025 ORDER WP.No.29685 of 2024 CLOSING THE WRIT PETITION WITHOUT COSTS (+-- 7F vt